Luchko I. Legal provision of state veterinary and sanitary control and supervision

Іt was found that it is advisable to distinguish between supervision and control on the basis of a criterion, which consists of functional, teleological, temporal and subordination criteria. The peculiarities of the occurrence of the paired lexical construction «veterinary-сanitary» have been clarified, where the main content load is carried by the sanitary component, and the additional one by the veterinary component. The modern trend of changing the vector of control and supervision functions in modern veterinary legislation towards the primacy of state veterinary and sanitary control with the elimination of the concept of state veterinary and sanitary supervision as a post-Soviet relic from the legislation is singled out. A comparative legal analysis of the veterinary legislation of the post-Soviet countries was carried out as the closest in terms of rulemaking prerequisites of being part of the same legal family. It is proposed to consider the legal institutional nature of any regulatory entity from a systemic and structural perspective. It was concluded that currently, considering the recent emergence, the legal sub-institute of state control and supervision of animal welfare is in the initial phase of formation. Analyzed the legislative transformation of the definition of the concept of animals was analyzed, and directly in veterinary legislation, a tendency to significant variability of the content of this concept with a constant strengthening of the «biologicalization» of these definitions was revealed. Attention was drawn to the inadmissibility of the use of the term «pets», which is borrowed from the Russian vocabulary, while the term «family pets» is actually Ukrainian. this requires the introduction of the generic concept of domestic animals. At the same time, agricultural animals are defined as productive, and other domestic animals are unproductive. It is established that relocation in the legislation is recognized as a change of location caused by the occurrence of relevant legal facts. Disagreements were revealed in the legal definition of the territories of keeping animals, between which their movement is carried out. It was found that the safety of livestock products is formed primarily according to two criteria: the cause-and-effect criterion of the absence of harmful effects (damage) to the health of people and animals, as well as the criterion of compliance, according to which the safety must be ensured by the compliance of the products with the requirements set forth by the current legislation. Attention is drawn to the application of the concept of legal and customs status of goods by the customs legislation. It is proposed to relate the movement and transportation of animals as general and special, and transportation and transportation as identical concepts. In the field of state veterinary-sanitary control and supervision during hunting, it has been established that the presence of conflicting norms makes it difficult or even impossible to conduct it, which primarily concerns the mandatory equipment in accordance with the veterinary-sanitary requirements of sites for processing hunted game, which is made impossible due to the absence of such legally established requirements.